Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 100

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            tional and/or otherwise improper selective enforcement of the tax                              
            laws against petitioner, Radcliffe, and BOT.  To support that                                  
            contention, petitioner asserts that, under the circumstances                                   
            relating to those determinations that he alleges on brief are                                  
            present here, all of the factors discussed in 1 Weinstein &                                    
            Berger, Weinstein's Evidence, par. 300[02], at 300-7 to 300-8                                  
            (1995), favor creation of such a presumption.  Petitioner offers                               
            no analysis of those factors or of their application, if any, to                               
            the facts and circumstances presented in these cases.                                          
                  The circumstances on which petitioner relies in support of                               
            his position for the creation of a presumption under rule 301 of                               
            the Federal Rules of Evidence include his allegations on brief                                 
            that (1) the back-to-back loan transaction involved in Rev. Rul.                               
            87-89, supra, was, and the National Office of the Service was                                  
            aware that it was, commonplace at the time that ruling was is-                                 
            sued; (2) although the retroactive effect of that ruling was not                               
            limited by the Commissioner under section 7805(b), the general                                 
            administrative practice of the Service was to apply it prospec-                                
            tively only; and (3) respondent's examining agent who proposed                                 
            the deficiencies relating to the Bank transactions bore personal                               
            animosity toward petitioner.                                                                   
                  We note first that, for the reasons discussed below, we are                              
            not willing to accept as facts the allegations on brief on which                               
            petitioner relies in support of his contention that this Court                                 
            should create a presumption that respondent's determinations in                                




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